Sunday, April 02, 2006

Viktor Yushchenko is coming under the media spotlight with questions being asked about his standing and credibility following last weeks National Election and the fact that the Presidents support party "Our Ukraine" only managed to gain 14% of voters support.

Ukraine's President is seriously being undermined and unless something is done soon the situation will only get worst.

At the heart of the problems is the fact that the President is closely aligned with Our Ukraine amidst concern that the President has not yet come to terms with the fact that he no longer rules the country.

Last weeks election heralded in the final stages of Ukraine's transition from Presidential rule to a Parliamentary democracy. The responsibility for government and the power now lies with the Prime minster and Ukraine's Parliamentary representatives not the President.

There is ongoing concern that the President no longer has the support or moral justification to pursue his reform agenda or that of the 'Orange revolution' which in December 2004 result elected Viktor Yushchenko's as Ukraine's current President.

If Viktor Yushchenko does not act soon to distance himself from membership of Our Ukraine his Presidency can only fall into further decline and have serious impact on the economic development of Ukraine.

Calls for his resignation from Our Ukraine and represent all of Ukraine and not just 14% is . Viktor Yushchenmko's public support took a nose dive last year when he sacked his Major political alliance partner and former Prime Minister Yulia Tymoshenko. This coupled with the Presidents consent to grant immunity form prosecution to all elected Ukrainian politicians, which was seen by the west as agreeing to and fostering political corruption, has seriously undermined Viktor Yushcheko's credibility.

The electorate retalliated and made there views widely known with Yulia Tymoshenko last week receiving over 22% of voters support, the second highest polling party in Ukraine, with the President's party obtaining less then 14% just over 1/2 the vote of Yulia Tymoshenko.

The President was closing aligned with Our Ukraine during the election campaign and as such most commentators and the world have interpreted this as a President who has lost support and confidence of the electorate.

Viktor Yushchenko has a chance to regain and rebuild the respect that was once given him but he can only do it by standing aside and resigning from Our Ukraine. If an 'Orange coalition' is to work and be successful Viktor Yushchenko needs to rule from behind the seans by trying to provide a guiding hand and good advise. he can not do it as a member of a minor political party.

VIKTOR YUSHCHENKO MUST STAND INDEPENDENT AND ACT IN THE BEST INTERST OF ALL OF UKRAINE AND NOT BE SEEN TO JUST REPRESENT 14%

By resigning from Our Ukraine and distancing himself from day to day party politics the President can begin to rebuild and regain public and international respect which is fundamental to the further development of Ukraine's as a truly democratic country.

News in review

Parliamentary Assembly Council of Europe (PACE) Explanatory Report calls on Ukraine to adopt a Full Parliamentary System in line with other European States

"It would be better for the country to switch to a full parliamentary system with proper checks and balances and guarantees of parliamentary opposition and competition."

Constitutional Court challenge

The authority of the President to dismiss Ukraine's parliament has been challenged in Ukraine's Constitutional Court amidst concern that the President's actions are unconstitutional in that he has exceeded his authority to dismiss Ukraine's parliament.

On April 19 the Parliamentary Assembly of the Council of Europe passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine. (Items 13 and 14) stated:

“ The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law. Hence the urgent necessity to carry out comprehensive judicial reform, including through amendments to the constitution.

The Assembly reiterates that the authority of the sole body responsible for constitutional justice – the Constitutional Court of Ukraine – should be guaranteed and respected. Any form of pressure on the judges is intolerable and should be investigated and criminally prosecuted. On the other hand, it is regrettable that in the eight months of its new full composition, the Constitutional Court has failed to produce judgments, thus failing to fulfil its constitutional role and to contribute to resolving the crisis in its earlier stages, which undermines the credibility of the court.

There is an urgent need for all pending judgments, and in particular the judgment concerning the constitutionality of the Presidential Decree of 2 April 2007, to be delivered. If delivered, the latter should be accepted as binding by all sides.
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The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that "Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat." (item 67)

In emphasis the report (item 68) stated

"This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions ”

On April 30, on the eve of the Constitutional Court's ruling on the legality of the president's decree dismissing Ukraine's parliament, President Yushchenko, in defiance of the PACE resolution of April 19 intervened in the operation of Ukraine's Constitutional Court by summarily dismissing two Constitutional Court Judges, Syuzanna Stanik and Valeriy Pshenychnyy, for allegations of "oath treason." His move was later overturned by the Constitutional Court and the judges were returned by a temporary restraining order issued by the court.

Following the president's intervention the Constitutional Court still has not ruled on the question of legality of the president's actions.

Stepan Havrsh, the President's appointee to the Constitutional Court, in prejudgment of the courts decision and without authorization from the Court itself, commented in an interview published on July 24

“ I cannot imagine myself as the Constitutional Court in condition in which three political leaders signed a political/legal agreement on holding early elections, which also stipulates the constitutional basis for holding the elections... How the court can agree to consider such a petition under such conditions.”

Olexander Lavrynovych, Ukrainian Minister for Justice, in an interview published on Aug 3 is quoted as saying

“ According to the standards of the Constitution and the laws of Ukraine, these elections should have been recognized invalid already today. But we understand that we speak about the State and about what will happen further in this country. As we've understood, political agreements substitute for the law, ... The situation has been led to the limit, where there are no possibilities to follow all legal norms.